Register of waivers granted under ob体育 market integrity rules
ob体育 is able to grant waivers from the obligation to comply with a provision of the market integrity rules and ob体育 may publish a notice of a waiver on our website. Notice of waivers granted by ob体育 under each rule book is set out below.
Important notice:听Applications for a waiver from the market integrity rules should be submitted through the . For more information, see how you apply for relief.
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ob体育 Market Integrity Rules (Securities Markets)
Date of instrument | Instrument No | Entity | Effect of waiver |
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20/04/2018 | 听 | Class waiver | Expired 16 November 2022. Relief now provided by ob体育 Market Integrity Rules (Securities Markets) NSXA and SSX Markets (Operators and Participants) Class Waiver . |
20/04/2018 | 18/260 | National Stock Exchange of Australia Limited | Expired 16 November 2022. Relief now provided by ob体育 Market Integrity Rules (Securities Markets) NSXA and SSX Markets (Operators and Participants) Class Waiver . |
20/04/2018 | 18/261 | Sydney Stock Exchange Limited | Expired 16 November 2022. Relief now provided by ob体育 Market Integrity Rules (Securities Markets) NSXA and SSX Markets (Operators and Participants) Class Waiver . |
23/04/2018 | 18/263 | Liquidnet Australia Pty Ltd | This waiver was withdrawn on 11 April 2023 by ob体育 Waiver 23/244. |
23/04/2018 | Class waiver | The waiver relieves a Market Participant from the obligation to comply with paragraph 5A.2.2(1)(a) and subrule 5A.2.2(2). The relief applies with respect to a client whose orders are not matched or executed in the Crossing System operated by the Market Participant. | |
24/04/2018 | Class waiver | The waiver relieves a Participant of the ASX Market from complying with pre-trade transparency obligations in subrule 6.1.1(1) where the Participant enters into a transaction by matching an Auction Imbalance Order on the ASX Market. | |
23/04/2018 | 18/290 | ASX Limited | The waiver relieves ASX Limited from the obligation to comply with Rule 8.1.3 in the case of an Order to enter into a Combination. |
23/04/2018 | 18/291 | ASX Limited | The waiver relieves ASX Limited from the obligation to comply with subrule 6.1.2(1) in relation to any of the following:
(a) an Order that, if executed, would result in a transaction in relation to an Equity Market Product that is a Crossing of a Derivative/Cash Combination; (b) an Auction Imbalance Order. |
23/04/2018 | 18/292 | ASX Limited | The waiver relieves ASX Limited from the obligation to comply with:
(i) Rule 8.1.3 in relation to an Anomalous Order that is a Tailor-Made Combination order and that is not a Derived Order. (ii) subrule 6.1.2(1) in relation to an Order that is a Derived Order that results from a Derivative/Cash Combination or Cash Only Combination traded as a Tailor-Made Combination. (iii) paragraph 8.3.1(2)(a) in relation to a transaction in an Equity Market Product that results from a Derivative/Cash Combination or Cash Only Combination traded as a Tailor-Made Combination. This relief is subject to a condition that ASX must have a prescribed policy in relation to re-pricing and cancelation of transactions with the Extreme Trade Range. |
23/04/2018 | 18/293 | ASX Limited | The waiver conditionally relieves ASX Limited from the obligation to comply with subrule 6.3.6(1) in relation to making available Trading Information as prescribed in the table in subrule 6.3.6(2). |
24/0402018 | 18/296 | Sydney Stock Exchange Limited | The waiver relieves Sydney Stock Exchange Limited (SSX) from the obligation to comply with subrules 7.1.1(1) and (1A), on the condition that SSX delivers to ob体育 after each Trading Day an electronic file containing prescribed trading data generated by SSX鈥� Trading Platform. |
26/04/2018 | Class waiver | The waiver relieves Market Participants, in certain circumstances, from the obligation under subrule 3.5.8(1) to perform daily Client Segregated Account reconciliations by 7.00 pm on the next Trading Day. The relief from subrule 3.5.8(1) applies in the case where a Market Participant is ordinarily unable to perform the reconciliation referred to in subrule 3.5.8(1) by 7.00 pm on the next Trading Day, because the Market Participant relies on information from a person outside Australia to perform this reconciliation. The waiver also relieves Market Participants from the obligation under paragraph 3.5.10(a) to notify ob体育, in writing, within two Business Days, if the reconciliation has not been performed by 7.00 pm on the next Trading Day. | |
27/04/2018 | 18/300 | BNP Paribas Securities Services | This waiver is no longer in force as BNP Paribas Securities Services has ceased to exist.
See entry for ob体育 Market Integrity Rules (Securities Markets) BNP Paribas SA Waiver 2022/811 below about the successor entity. |
26/4/2018 | Class waiver | The waiver provides relief until 30 June 2020 from Market Participants鈥� obligation under Rule 3.4.1 to provide a confirmation (or alternative notifications under paragraph 3.4.3(1)(b), if applicable) to a wholesale client for a Market transaction in a Derivatives Market Contract.
The waiver is amended by the ob体育 Market Integrity Rules (Securities Markets) Class Waiver (Amendment) Instrument to extend its operation until 30 November 2023. |
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26/04/2018 | Class Waiver | The waiver relieves Market Participants from providing certain information to ob体育 in a 鈥楥rossing System Initial Report鈥� (Rule 5A.1.1) and available free of charge on a publicly accessible website (Rule 5A.2.1) where a Market Participant receives Orders via another person (an Aggregator), and it is not possible to disclose information about the other Crossing Systems and Market Participants that operate Crossing Systems that transmit Orders to the Aggregator. Under the conditions of the relief, the Market Participant must instead disclose the full legal name of the Aggregator and the code that uniquely identifies any Crossing System operated by the Aggregator. | |
30/04/2018 | 18/308 | Credit Suisse Equities (Australia) Limited | The waiver provides that Credit Suisse Equities (Australia) Ltd (CSEAL) does not have to comply with Rule 5.14.1 where CSEAL acts for a company involved in a buy-back under Chapter 2J of the Corporations Act 2001 and accepts or transacts an order, placed with CSEAL by a direct market access client, to sell shares in the company. The relief is subject to conditions requiring alternative form of communication to direct market access clients. |
30/04/2018 | Class waiver | The waiver provides that a Participant of the Chi-X Market does not have to comply with subrule 6.1.1(1) where the Participant enters into a transaction as a result of placing a Market on Close Order on the Chi-X Market. It also provides that Chi-X does not have to comply with subrule 6.1.2(1) in relation to a Market on Close Order it receives. | |
30/04/2018 | Class waiver | The waiver relieves Market Participants from the obligation to comply with subrule 6.1.1(1) where the Market Participant enters into a transaction:
(i) as an ETF Special Trade; (ii) as a Crossing of a Derivative/Cash Combination; (iii) as a result of a Derived Order relating to a component leg of a Derivative/Cash Combination or a Cash Only Combination that is traded as a Tailor-Made Combination; (iv) as part of a contingent equity transaction (until 4 May 2020); (v) as an Exchange-Traded Fund Special Trade on the Chi-X Market; or (vi) a Trade with Price Improvement where the Best Available Bid and Best Available Offer does not include PureMatch data. |
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3/05/2018 | 18/324 | CMC Markets Stockbroking Limited | The waiver relieves CMC Markets Stockbroking Limited from is obligation under Rule 3.5.3 where it deposits money received from a client who is a resident of New Zealand in a clients' segregated account or a clients' trust account with the Bank of New Zealand and notice is given to the client. |
3/05/2018 | 18/325 | WealthHub Securities Limited | The waiver relieves WealthHub Securities Limited from the obligation to comply with Rule 3.7.3(2) in relation to an International Equity Security, on the condition that specified disclosures are made and records are kept. |
18/06/2019 | 19/576 | Barclays Capital Asia Limited | Expired 1 July 2022. Remade as ob体育 Market Integrity Rules (Capital, Securities Markets) Barclays Capital Asia Limited Waiver 2022/516. |
23/7/2019 | 19/084 | Commonwealth Securities Limited | The waiver relieves Commonwealth Securities Limited in specified circumstances relating to the operation of its 'CommSec Pocket' service from its obligations to comply with Subrules 3.3.1 (b) and (c), Rule 3.8.1, Rule 5.1.3. Rule 5.1.5 and Subrule 5.4.2(2). |
27/10/2020 | Class waiver | Waives Market Participants of securities markets from certain obligations in Part 2.4 in relation to their Representatives who were accredited as a Level One Accredited Derivatives Adviser, Level Two Accredited Derivatives Adviser or Accredited Futures Adviser immediately before the Renewal Date of 30 November 2020 for those accreditations (Notionally Accredited Advisers)
Operation extended to 30 November 2023 by ob体育 Market Integrity Rules (Securities Markets) Class Waiver (Amendment) Instrument . |
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10/6/2022 | 2022/516 | Barclays Capital Asia LImited | The waiver relieves Barclays Capital Asia Limited in specified circumstances from its obligations to comply with:
(1) a provision of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 only to the extent that the provision requires it to make or apply an FX Position Risk Calculation (in respect of assets denominated in a currency other than Australian dollars), provided that it instead makes or applies an Alternative FX Position Risk Calculation (for assets denominated in a currency other than Hong Kong dollars) in place of the FX Position Risk Calculation; (2) paragraph 9.2.2(1)(b) and subrule 9.2.2(2) of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 on the condition that it implements an alternative capital monitoring system and provides analogous reports to ob体育; (3) rule 9.2.3 of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 on the condition that it must prepare and deliver to ob体育 by the 21st day of each calendar month: (a) a Monthly Risk-Based Return are prepared in accordance with accounting standards and principles which are generally accepted in Hong Kong; and (b) a Risk-Based Return Declaration relating to the Monthly Risk-Based Return. (4) subrule 9.2.4(1) of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 and paragraph 4.3.2(1)(a) of the ob体育 Market Integrity Rules (Securities Markets) 2017 on the condition that it submits to ob体育 within 4 months of its financial year end its statutory accounts required under the laws of Hong Kong and documents, returns and declarations substantially similar to those required under subrule 9.2.4(1)of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017. This waiver expires after 1 July 2025. |
30/9/2022 | 2022/811 | BNP Paribas SA | BNPP does not have to comply with any of the provisions of the Securities Markets Rules where:
(a) BNPP鈥檚 Trading Permission in respect of Cash Market Products is restricted to reporting on a Trading Platform of ASX any Cash Market Transactions arising from the exercise of a Derivatives Market Contract; (b) BNPP is not permitted by ASX to have arrangements for connectivity to the Trading Platform of ASX; and (c) BNPP鈥檚 Trading Permission and clearing arrangements in respect of Derivative Market Transactions is restricted to receiving allocations as Second Participant; Subject to the following conditions: (a) BNPP must notify ob体育 of any changes to: (i) the conditions imposed by ASX on the admission or Trading Permission of BNPP; and (ii) the business model for the business that BNPP carries on in relation to the ASX Market; (b) BNPP must notify ob体育 of any changes referred to in paragraph (a) at least 10 Business Days before those changes take effect, or if it is not reasonably practicable to notify ob体育 by that time, as soon as reasonably practicable after that time. |
14/11/2022 | 2022/881 | Class Waiver | Remakes the existing waivers granted by ob体育 under the ob体育 Market Integrity Rules (Securities Markets) Class Waiver 2018/258, ob体育 Waiver 18/260 and ob体育 Waiver 18/261 (together, the Existing Waivers), each of which expired on 16 November 2022, and consolidates them into a single legislative instrument; extends the relief to 16 November 2024.
Exempts participants of the markets operated by the National Stock Exchange of Australia Limited (NSXA) and the Sydney Stock Exchange Limited (SSX) from their obligations to comply with Parts 3.8, 3.9, 3.10. 3.11, 5.1AA, 5.9A, 6.1, 6.3 and 7.4. Exempts the NSXA and SSX from their obligations as market operators to comply with Parts 6.1, 6.3, 7.4, 9.1, 9.2, 9.3 and 9.4 and Chapter 8. |
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ob体育 Market Integrity Rules (Securities Markets - Capital)
Date of instrument | Instrument No | Entity | Effect of waiver |
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23/04/2018 | 18/262 | Interactive Brokers LLC | The waiver relieves Interactive Brokers LLC from its obligation to comply with Rule 9.2.3 of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 to prepare and deliver to ob体育 a monthly return within ten business days of month鈥檚 end, provided that it prepares and delivers a monthly return to ob体育 within fifteen business days of the end of the calendar month. |
18/06/2019 | 19/576 | Barclays Capital Asia Limited | Expired 1 July 2022. Remade as ob体育 Market Integrity Rules (Capital, Securities Markets) Barclays Capital Asia Limited Waiver 2022/516. |
10/6/2022 | Barclays Capital Asia Limited | The waiver relieves Barclays Capital Asia Limited in specified circumstances from its obligations to comply with:
(1) a provision of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 only to the extent that the provision requires it to make or apply an FX Position Risk Calculation (in respect of assets denominated in a currency other than Australian dollars), provided that it instead makes or applies an Alternative FX Position Risk Calculation (for assets denominated in a currency other than Hong Kong dollars) in place of the FX Position Risk Calculation; (2) paragraph 9.2.2(1)(b) and subrule 9.2.2(2) of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 on the condition that it implements an alternative capital monitoring system and provides analogous reports to ob体育; (3) rule 9.2.3 of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 on the condition that it must prepare and deliver to ob体育 by the 21st day of each calendar month: (a) a Monthly Risk-Based Return are prepared in accordance with accounting standards and principles which are generally accepted in Hong Kong; and (b) a Risk-Based Return Declaration relating to the Monthly Risk-Based Return. (4) subrule 9.2.4(1) of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017 and paragraph 4.3.2(1)(a) of the ob体育 Market Integrity Rules (Securities Markets) 2017 on the condition that it submits to ob体育 within 4 months of its financial year end its statutory accounts required under the laws of Hong Kong and documents, returns and declarations substantially similar to those required under subrule 9.2.4(1)of the ob体育 Market Integrity Rules (Securities Markets - Capital) 2017. This waiver expires after 1 July 2025. |
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ob体育 Market Integrity Rules (Futures Markets)
Date of instrument | Instrument No | Entity | Effect of waiver |
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24/04/2018 | Class waiver | The waiver relieves a Market Participant from the obligation to have in force a client agreement containing a term to the effect of the acknowledgement specified in subparagraph 2.2.5(1)(b)(vi) of the Rules in respect of a client that is a trustee of a trust or an operator of a managed investment scheme. | |
23/04/2018 | Class waiver | The waiver provides relief from Rules 7.2.2(4), 7.2.5, 7.2.6 and 7.2.8 (Relevant Rules) of the ob体育 Market Integrity Rules (Futures Markets) 2017 to the extent that those rules apply the definition of 鈥楢pproved Securities鈥� in Rule 7.1.1. It introduces a new term 鈥楢pproved Collateral鈥� which refers to securities, collateral and other property accepted by ASX Clear (Futures). The effect of the legislative instrument is to allow trading participants to rely on the list of accepted collateral published by ASX Clear (Futures), to meet their obligations under the Relevant Rules. | |
23/04/2018 | Class waiver | The waiver relieves a Market Participant from the obligation to comply with paragraph 5.2.2(1)(a) and subrule 5.2.2(2) of the ob体育 Market Integrity Rules (Futures Markets) 2017. The relief applies with respect to a client whose orders are not matched or executed in the Crossing System operated by the Market Participant. | |
23/04/2018 | 18/294 | Australian Securities Exchange Limited | The waiver provides conditional relief to Australian Securities Exchange Limited (ASX 24) from its obligation to comply with:
(1)听Rule 8.1.3 to have in place adequate controls to prevent an Anomalous Order that is a Net Price Strategy Order from entering an Order Book of the ASX 24 Market where: (a)听at the time of entry, there is no Anomalous Order Threshold established for one or more of the Futures Market Contracts which are the subject of the Net Price Strategy Order; or (b)听the Net Price Strategy Order matches with another Net Price Strategy Order and the resulting trade price generated by the Spread Trade Price Algorithm is outside the current Anomalous Order Threshold for one or more of the corresponding Futures Market Contracts. (2)听subrule 8.2.2(1) to determine the Reference Price for an ASX SPI 200 Future or Equity Index Future at specified times and using the methodology set out in that Rule provided it determines and uses an Alternative Reference Price. (3)听paragraph 8.2.2C(1)(c) to immediately impose a Trading Pause on an ASX SPI 200 Future or Equity Index Future for a period of two minutes following an ETR Event that occurs where: (a)听the price of the opening transaction in the ASX SPI 200 Future or Equity Index Future on an Order Book of the ASX 24 Market after a Trading Reset was Invalid; (b)听ASX 24 determines an Alternative Reference Price for the ASX/SPI 200 or Equity Index Future; and (c)听the price for the opening transaction is in the Extreme Trade Range as determined by reference to the Alternative Reference Price. The relief in the instrument applies until 20 March 2020. |
24/04/2018 | 18/295 | Societe Generale Securities Australia Pty Ltd | The waiver relieves Societe Generale Securities Australia Pty Ltd (SGSA) from the obligation to comply with Rule 7.2.10 in relation to a credit line where SCSA has arranged the provision of the credit by a branch of Societe Generale SA in France, Hong Kong or Singapore to a wholesale client that is a corporation to meet Initial Margin and Variation Margin requirements. |
23/04/2018 | Class waiver | The waiver relieves Market Participants, in certain circumstances, from the obligation under subrule 2.3.2(1) to perform daily client segregated account (CSA) reconciliations by 7.00 pm on the next business day. The relief from subrule 2.3.2(1) applies in the case where a Market Participant is ordinarily unable to perform the reconciliation referred to in subrule 2.3.2(1) by 7.00 pm on the next business day, because the Market Participant relies on information from a person outside Australia to perform this reconciliation. The instrument also relieves Market Participants from the obligation under paragraph 2.3.4(a) to notify ob体育, in writing, within two business days, if the reconciliation has not been performed by 7.00 pm on the next business day. | |
26/04/2018 | Class waiver | The waiver relieves Market Participants from providing certain information to ob体育 in a 鈥楥rossing System Initial Report鈥� (Rule 5.1.1) and available free of charge on a publicly accessible website (Rule 5.2.1) where a Market Participant receives Orders via another person (an Aggregator), and it is not possible to disclose information about the other Crossing Systems and Market Participants that operate Crossing Systems that transmit Orders to the Aggregator. Under the conditions of the relief, the Market Participant must instead disclose the full legal name of the Aggregator and the code that uniquely identifies any Crossing System operated by the Aggregator. | |
30/04/2018 | Class waiver | The waiver relieves a Principal Trader from the obligation to comply with paragraphs 2.2.1(1)(ab), (b), (c) and (e) of the ob体育 Market Integrity Rules (Futures Markets) 2017, in the case where the Principal Trader is a client of another Market Participant and the Principal Trader accesses the market through that Market Participant. | |
30/04/2018 | Class waiver | The waiver relieves a Market Participant from the obligation to comply with:
(a) subrule 2.2.1(1)(a), to the extent that subrule requires the Market Participant to set and document an appropriate pre-determined aggregate loss limit on each of its Client Accounts.听 This waiver is conditional on the Market Participant implementing appropriate processes to monitor the aggregate loss limit on each of its Client Accounts;听 (b) subrule 2.2.1(1)(ab), to the extent that subrule requires the Market Participant to set and document an appropriate pre-determined aggregate loss limit on each of its House Accounts. This waiver is conditional on the Market Participant implementing appropriate processes to monitor the aggregate loss limit on each of its House Accounts; and (c) subrule 2.2.1(1)(c), to the extent that subrule requires a Market Participant鈥檚 risk manager to input the aggregate loss limits determined by the Market Participant in accordance with subrules 2.2.1(a) and 2.2.1(ab) into Trading Platform account maintenance The relief in the instrument expires on 22 March 2027. |
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3/05/2018 | 18/322 | Citigroup Global Markets Australia Pty Limited | The waiver relieves Citigroup Global Markets Australia Pty Limited (CGMA) from the obligation to comply with paragraph 2.2.6(b) of the Rules to the extent that this paragraph prohibits the payment of Permitted Money into a Client Segregated Account maintained by the market participant. The relief applies where, prior to paying Permitted Money into a Clients' Segregated Account, CGMA has disclosed to the client in writing that the Permitted Money will be paid into a Client Segregated Account operated under the Futures Markets Rules. |
3/05/2018 | 18/323 | J.P. Morgan Markets Australia Pty Limited | The waiver relieves J.P. Morgan Markets Australia Pty Limited (JPMMA) of the obligation to comply with subrule 3.1.17(1) which prohibits a market participant from offering and/or allocating trades to a client unless those trades have been obtained under instructions previously obtained from that client, in the case where JPMMA allocates open positions in futures market contracts acquired through an ASX OTC default management auction to JP Morgan Chase Bank National Association under a standing instruction. |
3/05/2018 | 18/326 | Macquarie Bank Limited | The waiver relieves Macquarie Bank Limited from the obligation to comply with paragraph 2.2.6(b) of the Rules to the extent that this paragraph prohibits the payment of Permitted Money into a Client Segregated Account maintained by the market participant. The relief applies where, prior to paying Permitted Money into a Clients' Segregated Account, Macquarie Bank Limited has disclosed to the client in writing that the Permitted Money will be paid into a Client Segregated Account operated under the Futures Markets Rules. |
18/03/2020 | Class waiver | ob体育 Market Integrity Rules (Futures Markets) Class Waiver Amendment Instrument 2020/229 amends the ob体育 Market Integrity Rules (Futures Markets) Class Waiver to extend it to 18 March 2022. |
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